[Column] To Shed the Stigma of 'Self-Investigation' in the Jeju Air Disaster

The Ministry of Land, Infrastructure and Transport (MOLIT) has removed government personnel from the Ministry’s Aviation and Railway Accident Investigation Committee (ARAIC), which is investigating the cause of the Jeju Air disaster. Jang Man-hee, the chairperson of ARAIC (former head of MOLIT’s Aviation Traffic Headquarters), and Joo Jong-wan, a standing member of ARAIC (current head of MOLIT’s Aviation Policy Office), have stepped down from the committee.

MOLIT’s participation in the investigation committee was unreasonable from the start. MOLIT holds ultimate responsibility for the approval and operation of airport facilities such as the localizer (azimuth facility) concrete embankment, which has been identified as a cause that exacerbated the accident. There is a possibility that future investigations may be directed at MOLIT. Including MOLIT personnel in the committee investigating the connection between these facilities and the accident severely undermines the fairness of the investigation and amounts to a 'self-investigation.' Bereaved families have also pointed out that “amid growing suspicions that MOLIT is responsible for this disaster, they are conducting a ‘self-investigation.’”

Despite this measure, doubts remain about whether the committee can conduct a fair investigation. It seems unlikely that violations of regulations or negligence by MOLIT will be clearly uncovered. The ARAIC was established under the Aviation and Railway Accident Investigation Act to independently and fairly investigate accident causes and prevent future accidents. However, among the 12 members of ARAIC, except for the chairperson appointed by the president, nine non-standing members are appointed by the MOLIT minister. The remaining two standing members must be the head of MOLIT’s Aviation Policy Office and the director of the Railway Bureau.

The personnel and budget necessary for ARAIC’s investigative activities are also determined by MOLIT. In particular, the MOLIT minister is legally allowed to inspect ARAIC’s investigation materials. Although the Aviation and Railway Accident Investigation Act states that the MOLIT minister cannot interfere with the investigation, it also includes provisions allowing the minister to inspect accident-related documents and items and receive materials related to accident parties under the pretext of investigation support.

MOLIT Minister Park Sang-woo stated that two government officials would be excluded from the investigation in the name of a “fair investigation.” However, upon closer examination, even without those two individuals, MOLIT’s influence cannot be excluded. Unless the chain of MOLIT’s potential influence is completely cut off, the controversy over a 'self-investigation' will not disappear.

To completely separate ARAIC from MOLIT, the committee should be reorganized as an agency directly under the president, the Prime Minister’s Office, or the Ministry of the Interior and Safety. Another option is to form a third-party organization. Additionally, the provision allowing the minister to inspect investigation contents should be clarified to specify under what circumstances this is permissible to eliminate grounds for controversy. The purpose of this ARAIC is to identify the cause of the accident through a fair investigation. At this point, substantial government measures are necessary to achieve this goal.

This content was produced with the assistance of AI translation services.